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Habitual delinquent

o An offender may be a recidivist and a habitual delinquent if he was


convicted for the third time of a felony that is embraced within the same
title as that of either the first and second felony, but limited to FLERTS
only, within ten years from the date of his release or last conviction,
whichever applies.
Civil Interdiction
o Civil interdiction shall deprive the offender during the time of his sentence
of the rights of parental authority, or guardianship, either as to the person
or property of any ward, of marital authority, of the right to manage his
property and of the right to dispose of such property by any act or any
conveyance inter vivos.
o civil interdiction covers deprivation of the ff rights: a. parental a uthority b.
guardianship as to the person or property of any ward. c. marital authority
d. manage his properties e. dispose of such property by any act or
conveyance intervivos.
Delito Continuado
o It is not a complex crime. It is a single felony or offense consisting of a
series of acts arising from one criminal resolution. It also applies to crimes
mala prohibita
Three-fold Rule
o Notwithstanding the provisions of the rule next preceding, the maximum
duration of the convict's sentence shall not be more than three-fold the
length of time corresponding to the most severe of the penalties imposed
upon him. No other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty years
Subsidiary penalty
If the convict has no property with which to meet the fine mentioned in paragraph 3 of
the next preceding article, he shall be subject to a subsidiary personal liability at the rate
of one day for each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment of conviction
by the trial court, subject to the following rules (Amended by RA 10159, April 10,
2012):
:
1.
If the principal penalty imposed be prision correccional or arresto and fine, he
shall remain under confinement until his fine referred to in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one year, and no fraction or part
of a day shall be counted against the prisoner.
2.
When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a light felony.

3.
When the principal imposed is higher than prision correccional, no subsidiary
imprisonment shall be imposed upon the culprit.
4.
If the principal penalty imposed is not to be executed by confinement in a penal
institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as
those of which the principal penalty consists.
5.
The subsidiary personal liability, which the convict may have suffered by reason
of his insolvency, shall not relieve him, from the fine in case his financial circumstances
should improve. (As amended by RA 5465, April 21, 1969.)

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